[Introduced February 1, 2010; referred to the Committee on
Government Organization; and then to the Committee on Finance.]

____________

A BILL to amend and reenact §17-16A-3, §17-16A-5, §17-16A-6,
§17-16A-10, §17-16A-11, §17-16A-13a, §17-16A-19 and §17-16A-29
of the Code of West Virginia, 1931, as amended, all relating
to renaming the West Virginia Parkways, Economic Development
and Tourism Authority; reorganizing the membership of the
authority; redefining terms; authorizing the authority to
issue revenue bonds for parkway projects; prohibiting the
authority from constructing new tourism projects or new
economic development projects; clarifying certain powers of
the authority relating to parkway projects, tourism projects
and economic development projects; clarifying certain powers
of the Department of Transportation with respect to parkway
projects; clarifying the power of the authority to reimburse
the Department of Transportation for costs associated with
parkway projects; clarifying certain powers of the authority
with respect to real and personal property; clarifying the powers of the authority to fix and revise tolls for transit
over certain parkway projects; requiring notice and public
hearings prior to fixing initial rates or tolls on parkway
projects; requiring a discount program for purchasers of EZ
Pass transponders prior to fixing initial rates or tolls on
parkway projects; deleting superannuated language; and making
technical corrections throughout.

Be it enacted by the Legislature of West Virginia:
That §17-16A-3, §17-16A-5, §17-16A-6, §17-16A-10, §17-16A-11,
§17-16A-13a, §17-16A-19 and §17-16A-29 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows: ARTICLE 16A. WEST VIRGINIA PARKWAYS AUTHORITY.§17-16A-3. West Virginia Parkways Authority generally.(a) The West Virginia Parkways, Economic Development and
Tourism Authority is continued as an agency of the state and shall
be renamed the West Virginia Parkways Authority, and the exercise
by the Parkways Authority of the powers conferred by this article
in the construction, reconstruction, improvement, operation and
maintenance of parkway, economic development and tourism projects
shall be deemed an essential governmental function of the state.
Any reference to the West Virginia Parkways, Economic Development
and Tourism Authority within this code shall be construed as a
reference to the West Virginia Parkways Authority.
(b) The West Virginia Parkways, Economic Development and Tourism AuthorityParkways Authority shall consist of sevennine
members, including the Governor or designee, the Transportation
Secretary and fiveseven public members appointed by the Governor,
by and with the advice and consent of the Senate. The appointed
members shall be residents of the state and shall have been
qualified electors for a period of at least one year next preceding
their appointment. Public members are appointed for eight-year
terms, which are staggered in accordance with the initial
appointments under prior enactment of this section: Provided, That
upon the effective date of the amendment and reenactment of this
section during the regular session of the Legislature in 2010 the
public members are appointed for four-year terms, except for the
initial appointments of two additional public members which shall
be staggered in accordance with this subsection. Of the initial
appointments made after the effective date of the amendment and
reenactment of this section during the regular session of the
Legislature in 2010, one public member shall serve for a term of
two years and one public member shall serve for a term of three
years. Public members serving an unexpired term as of the
effective date of the amendment and reenactment of this section
during the regular session of the Legislature in 2010 may continue
to serve under the original terms of their appointment. Any member
whose term has expired shall serve until his or her successor has
been duly appointed and qualified. Any person appointed to fill a
vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment. Each appointed member of the
Parkways Authority before entering upon his or her duties shall
take an oath as provided by section five, article IV of the
Constitution of West Virginia.
(c) The Governor or designee shall serve as chair and the
Authority shall annually elect one of the appointed members as vice
chair, and shall also elect a secretary and treasurer who need not
be members of the Parkways Authority.
(d) The Governor appoints an Executive Director of the
Authority with the advice and consent of the Senate. The Executive
Director serves at the Governor's will and pleasure. The Executive
Director is responsible for managing and administering the daily
functions of the Authority and for performing all other functions
necessary to the effective operation of the Authority. The
compensation of the executive director is annually fixed by the
Governor.
(e) FourFive members of the Parkways Authority shall
constitute a quorum and the vote of a majority of members present
shall be necessary for any action taken by the Parkways Authority.
No vacancy in the membership of the Parkways Authority shall impair
the right of a quorum to exercise all the rights and perform all
the duties of the Parkways Authority. The Parkways Authority shall
meet at least monthly and either the chair or any fourfive members
shall be empowered to call special meetings for any purpose:
Provided, That notice of any meeting shall be given to all members of the Parkways Authority not less than ten days prior to said
special meetings.
(f) Before the issuance of any parkway revenue bonds or
revenue refunding bonds under the provisions of this article, each
appointed member of the Parkways Authority shall execute a surety
bond in the penal sum of $25,000 and the secretary and treasurer
shall execute a surety bond in the penal sum of $50,000, each
surety bond to be conditioned upon the faithful performance of the
duties of his or her office, to be executed by a surety company
authorized to transact business in West Virginia as surety and to
be approved by the Governor and filed in the Office of the
Secretary of State.
(g) The members of the Parkways Authority shall not be
entitled to compensation for their services, but shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of their duties in a manner consistent
with guidelines of the Travel Management Office of the Department
of Administration.
(h) All expenses incurred in carrying out the provisions of
this article shall be payable solely from funds provided under the
authority of this article and no liability or obligation shall be
incurred by the Parkways Authority beyond the extent to which
moneys shall have been provided under the authority of this
article.(i) Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Parkways, Economic Development and
Tourism Authority shall continue to exist until July 1, 2007.§17-16A-5. Definitions.As used in this article, the following words and terms shall
have the following meanings, unless the context shall indicate
another or different meaning or intent:
(a) The words "Parkways Authority" or "authority" mean the
West Virginia Parkways, Economic Development and Tourism Authority
createdParkways Authority continued by section three of this
article, or if said Parkways Authority shall be abolished, the
board, body, commission or authority succeeding to the principal
functions thereof or to whom the powers given by this article to
the Parkways Authority shall be given by law.
(b) The words "parkway project" mean any expressway, turnpike,
trunkline, feeder road, state local service road or park and forest
road, or any portion or portions of any expressway, turnpike,
trunkline, feeder road, state local service road or park and forest
road, whether contiguous or noncontiguous to the West Virginia
Turnpike or to any such portion or portions, which the Parkways
Authority may at any time determine to acquire, construct,
reconstruct, maintain, operate, improve or repair under the
provisions of this article, which shall include for all purposes of
this article, any acquisition, construction, reconstruction,
maintenance, operation, improvement or repair that the authority
may undertake by agreement with the Department of Transportation, or any expressway, turnpike or other road constructed by the West
Virginia Turnpike Commission pursuant to the authority granted to
it under the laws of this state prior to June 1, 1989, and shall
embrace all bridges, tunnels, overpasses, underpasses,
interchanges, entrance plazas, approaches, toll houses, service
stations and administration, storage and other buildings, which the
Parkways Authority may deem necessary for the operation of the
parkway project, or which is used in the operation of a parkway
project constructed prior to June 1, 1989, together with all
property, rights, easements and interests which may be acquired by
the Parkways Authority for the construction or the operation of the
parkway project or which were acquired in connection with or are
used in the operation of a parkway project constructed prior to
June 1, 1989.
(c) The words "tourism project" mean: (i) Any park or tourist
facility and attraction which the Parkways Authority may at any
time determine to create, develop, construct, reconstruct, improve,
maintain or repair under the provisions of this article, and shall
embrace all roads, interchanges, entrance plazas, approaches,
service stations, administration, storage and any other buildings
or service stations, structures which the Parkways Authority may
deem necessary for the operation of the tourism project, together
with all property rights, easements and interests which may be
acquired by the Parkways Authority for the construction or
operation of the tourism project; and (ii) the construction, reconstruction, improvement, maintenance and repair of any park or
tourist facility and attraction owned by the state as of June 1,
1989.
(d) The words "economic development project" mean any land or
water site, structure, facility or equipment which the Parkways
Authority may at any time determine to acquire, create, develop,
construct, reconstruct, improve or repair under the provisions of
this article to promote the agricultural, economic or industrial
development of the state, together with all property rights,
easements and interests which may be acquired by the Parkways
Authority for the development, construction or operation of such
project.
(e) The words "project" or "projects" mean a parkway project,
economic development project or tourism project, or any combination
thereof.
(f) The words "transportation secretary" mean the Secretary of
the State Department of Transportation.
(g) The words "West Virginia Turnpike Commission" mean the
State Turnpike Commission existing as of June 1, 1989.
(h) The words "tourist facility and attraction" mean cabins,
lodges, recreational facilities, restaurants, and other revenue
producing facilities, any land or water site, and any information
center, visitors' center or rest stop which the Parkways Authority
determines may improve, enhance or contribute to the development of
the tourism industry in the state.
(i) The word "turnpike" means the West Virginia Turnpike or
any other toll road in the state.
(j) The word "expressway" means any road serving major
intrastate and interstate travel, including federal interstate
routes.
(k) The word "trunkline" means any road serving major city to
city travel.
(l) The words "feeder roads" mean any road serving community
to community travel or collects and feeds traffic to an expressway
or turnpike.
(m) The words "local service road" mean any local arterialized
and spur roads which provide land access and socioeconomic benefits
to abutting properties.
(n) The words "park and forest roads" mean any road serving
travel within state parks, state forests and public hunting and
fishing areas.
(o) The word "cost" as applied to any project, including
without limitation the West Virginia Turnpike in sections eleven
and twenty-two of this article, embraces the cost of construction,
reconstruction, maintenance, improvement, repair and operation of
the project, the cost of the acquisition of all land, rights-of-
way, property, rights, easements and interests acquired by the
Parkways Authority for such construction, reconstruction,
maintenance, improvement and repair, the cost of all machinery,
equipment, material and labor which are deemed essential thereto, the cost of improvements, the cost of financing charges, interest
prior to and during construction and for one year after completion
of construction, the cost of traffic estimates and of engineering,
consultant, accounting, architects', trustees' and legal fees and
expenses, plans, specifications, surveys, estimates of cost and of
revenues, other costs and expenses necessary or incident to
determining the feasibility or practicability of constructing any
such project, administrative expenses and such other costs and
expenses as may be necessary or incident to the construction of the
project, the financing of such construction and the placing of the
project in operation or to the operation of the project. Any
obligation or expense hereafter incurred by the commissioner of the
department of highwaysDepartment of Transportation with the
approval of the Parkways Authority, regardless of whether the
approval was authorized before or after the obligation or expense
was incurred, for traffic surveys, borings, preparation of plans
and specifications, and other engineering and consulting services
in connection with the construction of a parkway project shall be
regarded as a part of the cost of such project and shallmay be
reimbursed to the state out of the proceeds of parkway revenue
bonds or revenue refunding bonds hereinafter authorized.
(p) The word "owner" includes all individuals, copartnerships,
associations or corporations having any title or interest in any
property, rights, easements and interests authorized to be acquired
by this article.
(q) The words "West Virginia Turnpike" mean the turnpike from
Charleston to a point approximately one mile south of the
intersection of Interstate 77 and U.S. Route 460 near Princeton in
Mercer County, West Virginia, which road is presently a part of the
federal interstate highway system.(r) The words "Department of Transportation" mean the West
Virginia Department of Transportation and each of its respective
divisions and subordinate agencies, including, without limitation,
the Division of Highways.
§17-16A-6. Parkways Authority's powers.

(a) The Parkways Authority is hereby authorized and empowered:

(1) To adopt bylaws for the regulation of its affairs and the
conduct of its business;
(2) To adopt an official seal and alter the same at pleasure;
(3) To maintain an office at such place or places within the
state as it may designate;
(4) To sue and be sued in its own name, plead and be
impleaded. Any and all actions against the Parkways Authority
shall be brought only in the county in which the principal office
of the Parkways Authority shall be located;
(5) To construct, reconstruct, improve, maintain, repair and
operate projects, at such locations within the state as may be
determined by the Parkways Authority: Provided, That the Parkways
Authority shall be prohibited from constructing motels or any other
type of lodging facility within five miles of the West Virginia TurnpikeProvided, That upon the effective date of the amendment
and reenactment of this section during the regular session of the
Legislature in 2010 the Parkways Authority shall be prohibited from
constructing new tourism projects or new economic development
projects, but this prohibition shall not prevent the Authority from
entering into lease agreements, development agreements or other
agreements with private businesses or companies allowing and
providing for such private businesses or companies to acquire,
develop, construct and operate motels, lodging facilities or other
businesses and business facilities on land owned by the Authority
and located adjacent to the Tamarack project and facilities at Exit
45 of the West Virginia Turnpike;
(6) To issue parkway revenue bonds of the State of West
Virginia, payable solely from revenues, for the purpose of paying
all or any part of the cost of any one or more parkway projects,
which costs may include, with respect to the West Virginia
Turnpike, such funds as are necessary to repay to the State of West
Virginia all or any part of the state funds used to upgrade the
West Virginia Turnpike to federal interstate standards; Provided,
That upon the effective date of the amendments to this section
enacted during the regular session of the Legislature in two
thousand six, the authorization to issue bonds pursuant to this
subsection is limited to that of refunding bonds pursuant to
subdivision seven of this subsection
(7) To issue parkway revenue refunding bonds of the State of West Virginia, payable solely from revenues, for any one or more of
the following purposes: (i) Refunding any bonds which shall have
been issued under the provisions of this article or any predecessor
thereof; and (ii) repaying to the state all or any part of the
state funds used to upgrade the West Virginia Turnpike to federal
interstate standards;
(8) To fix and revise, from time to time, tolls for transit
over each parkway project constructedor improved by it, by the
Department of Transportation, or by the West Virginia Turnpike
Commission;
(9) To fix and revise, from time to time, rents, fees or other
charges, of whatever kind or character, for the use of each tourism
project or economic development project constructed by it or for
the use of any building, structure or facility constructed by it in
connection with a parkway project;
(10) To acquire, hold, lease and dispose of real and personal
property in the exercise of its powers and the performance of its
duties under this article; Provided, That the authority may not
finance any transaction to acquire, hold or lease real property
(11) To acquire in the name of the state by purchase or
otherwise, on such terms and conditions and in such manner as it
may deem proper, or by the exercise of the right of condemnation in
the manner hereinafter provided, such public or private lands,
including public parks, playgrounds or reservations, or parts
thereof or rights therein, rights-of-way, property, rights, easements and interests, as it may deem necessary for carrying out
the provisions of this article. Provided, That the authority may
not finance any transaction to acquire real property No
compensation shall be paid for public lands, playgrounds, parks,
parkways or reservations so taken, and all public property damaged
in carrying out the powers granted by this article shall be
restored or repaired and placed in its original condition as nearly
as practicable;
(12) To designate the locations, and establish, limit and
control such points of ingress to and egress from each project as
may be necessary or desirable in the judgment of the Parkways
Authority to ensure the proper operation and maintenance of such
project, and to prohibit entrance to such project from any point or
points not so designated;
(13) To make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this article, and to employ
consulting engineers, attorneys, accountants, architects,
construction and financial experts, trustees, superintendents,
managers and such other employees and agents as may be necessary in
its judgment, and to fix their compensation. All such expenses
shall be payable solely from the proceeds of parkway revenue bonds
or parkway revenue refunding bonds issued under the provisions of
this article, tolls or from revenues;
(14) To make and enter into all contracts, agreements or other arrangements with any agency, department, division, board, bureau,
commission, authority or other governmental unit of the state to
operate, maintain, or repair any project;
(15) To receive and accept from any federal agency grants for
or in aid of the construction of any project, and to receive and
accept aid or contributions from any source of either money,
property, labor or other things of value, to be held, used and
applied only for the purposes for which such grants and
contributions may be made;
(16) To do all acts and things necessary or convenient to
carry out the powers expressly granted in this article; and
(17) To file the necessary petition or petitions pursuant to
Title 11, United States Code, Sec. 401 (being section 81 of the Act
of Congress entitled "An act to establish a uniform system of
bankruptcy throughout the United States", approved July 1, 1898, as
amended) and to prosecute to completion all proceedings permitted
by Title 11, United States Code, Secs. 401-403 (being sections 81
to 83, inclusive, of said Act of Congress). The State of West
Virginia hereby consents to the application of said Title 11,
United States Code, Secs. 401-403, to the Parkways Authority.
(b) Nothing in this article shall be construed to prohibit the
issuance of parkway revenue refunding bonds in a common plan of
financing with the issuance of parkway revenue bonds. Provided,
That upon the effective date of the amendments to this section
enacted during the regular session of the Legislature in two thousand six, the authorization to issue bonds pursuant to this
subsection is limited to that of refunding bonds pursuant to
sections twenty-one and twenty-two of this article§17-16A-10. Parkway revenue bonds generally.(a) The Parkways Authority is authorized to provide by
resolution for the issuance of parkway revenue bonds of the state
for the purpose of paying all or any part of the cost of one or
more parkway projects: Provided, That this section shall not be
construed as authorizing the issuance of parkway revenue bonds for
the purpose of paying the cost of the West Virginia Turnpike, which
parkway revenue bonds may be issued only as authorized under
section eleven of this article. The principal of and the interest
on bonds shall be payable solely from the funds provided for
payment.
(b) The bonds of each issue shall be dated, shall bear
interest at a rate as may be determined by the Parkways Authority
in its sole discretion, shall mature at a time not exceeding forty
years from their date or of issue as may be determined by the
Parkways Authority, and may be made redeemable before maturity, at
the option of the Parkways Authority at a price and under the terms
and conditions as may be fixed by the Parkways Authority prior to
the issuance of the bonds.
(c) The Parkways Authority shall determine the form of the
bonds, including any interest coupons to be attached thereto, and
shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company
within or without the state.
(d) The bonds shall be executed by manual or facsimile
signature by the chair of the Parkways Authority, and the official
seal of the Parkways Authority shall be affixed to or printed on
each bond, and attested, manually or by facsimile signature, by the
secretary and treasurer of the Parkways Authority. Any coupons
attached to any bond shall bear the manual or facsimile signature
of the chair of the Parkways Authority.
(e) In case any officer whose signature or a facsimile of
whose signature appears on any bonds or coupons shall cease to be
an officer before the delivery of the bonds, the signature or
facsimile shall nevertheless be valid and sufficient for all
purposes the same as if he had remained in office until delivery.
In case the seal of the Parkways Authority has been changed after
a facsimile has been imprinted on the bonds, then the facsimile
seal will continue to be sufficient for all purposes.
(f) All bonds issued under the provisions of this article
shall have all the qualities and incidents of negotiable
instruments under the negotiable instruments law of the state. The
bonds may be issued in coupon or in registered form, or both, as
the Parkways Authority may determine, and provision may be made for
the registration of any coupon bonds as to principal alone and also
as to both principal and interest, and for the recorders into
coupon bonds of any bonds registered as to both principal and interest.
(g) The Parkways Authority may sell the bonds at a public or
private sale at a price it determines to be in the best interests
of the state.
(h) The proceeds of the bonds of each issue shall be used
solely for the payment of the cost of the parkway project or
parkway projects for which the bonds were issued, and shall be
disbursed in a manner consistent with the resolution authorizing
the issuance of the bonds or in the trust agreement securing the
bonds.
(i) If the proceeds of the bonds of any issue, by error of
estimates or otherwise, shall be less than the cost, then
additional bonds may in like manner be issued to provide the amount
of the deficit. Unless otherwise provided in the resolution
authorizing the issuance of the bonds or in the trust agreement
securing the bonds, the additional bonds shall be deemed to be of
the same issue and shall be entitled to payment from the same fund
without preference or priority of the bonds first issued.
(j) If the proceeds of the bonds of any issue exceed the cost
of the parkway project or parkway projects for which the bonds were
issued, then the surplus shall be deposited to the credit of the
sinking fund for the bonds.
(k) Prior to the preparation of definitive bonds, the Parkways
Authority may, under like restrictions, issue interim receipts or
temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are
available for delivery. The Parkways Authority may also provide
for the replacement of any bonds that become mutilated or are
destroyed or lost.
(l) Bonds may be issued under the provisions of this article
without obtaining the consent of any department, division,
commission, board, bureau or agency of the state in accordance with
this article: Provided, That the Parkways Authority shall comply
with the provisions of section twenty-eight, article one, chapter
five of this code.(m) Notwithstanding any other provision of this code to the
contrary, the authority may not issue parkway revenue bonds after
the effective date of the amendments to this section enacted in the
regular session of the Legislature in two thousand six: Provided,
That the authority may issue revenue refunding bonds pursuant to
sections twenty-one and twenty-two of this article for parkway
revenue bonds previously issued prior to the effective date of the
amendments to this section enacted in the regular session of the
Legislature in two thousand six.

(a) The Parkways Authority is authorized to provide by
resolution, at one time or from time to time, for the issuance of
parkway revenue bonds of the state in an aggregate outstanding
principal amount not to exceed, from time to time, $200 million for the purpose of paying: (i) All or any part of the cost of the West
Virginia Turnpike, which may include, but not be limited to, an
amount equal to the state funds used to upgrade the West Virginia
Turnpike to federal interstate standards; (ii) all or any part of
the cost of any one or more parkway projects that involve
improvements to or enhancements of the West Virginia Turnpike,
including, without limitation, lane-widening on the West Virginia
Turnpike and that are or have been recommended by the Parkways
Authority's traffic engineers or consulting engineers or by both of
them prior to the issuance of parkway revenue bonds for the project
or projects; and (iii) to the extent permitted by federal law, all
or any part of the cost of any related parkway project. For
purposes of this section only, a "related parkway project" means
any information center, visitors' center or rest stop, or any
combination thereof, and any expressway, turnpike, trunkline,
feeder road, state local service road or park and forest road which
connects to or intersects with the West Virginia Turnpike and is
located within seventy-five miles of the turnpike as it exists on
June 1, 1989, or any subsequent expressway, trunkline, feeder road,
state local service road or park and forest road constructed
pursuant to this article: Provided, That nothing in this section
shall be construed as prohibiting the Parkways Authority from
issuing parkway revenue bonds pursuant to section ten of this
article for the purpose of paying all or any part of the cost of
any related parkway project: Provided, however, That none of the proceeds of the issuance of parkway revenue bonds under this
section shall be used to pay all or any part of the cost of any
economic development project, except as provided in section twenty-
three of this article: Provided further, That nothing in this
section shall be construed as prohibiting the Parkways Authority
from issuing additional parkway revenue bonds to the extent
permitted by applicable federal law for the purpose of
constructing, maintaining and operating any highway constructed, in
whole or in part, with money obtained from the Appalachian Regional
Commission as long as the highway connects to the West Virginia
Turnpike as it existed as of June 1, 1989: And provided further,
That, for purposes of this section, in determining the amount of
bonds outstanding, from time to time, within the meaning of this
section: Original par amount or original stated principal amount
at the time of issuance of bonds shall be used to determine the
principal amount of bonds outstanding, except that the amount of
parkway revenue bonds outstanding under this section may not
include any bonds that have been retired through payment, defeased
through the deposit of funds irrevocably set aside for payment or
otherwise refunded so that they are no longer secured by toll
revenues of the West Virginia Turnpike: And provided further, That
the authorization to issue bonds under this section is in addition
to the authorization and power to issue bonds under any other
section of this code: And provided further, That, without
limitation of the authorized purposes for which parkway revenue bonds are otherwise permitted to be issued under this section, and
without increasing the maximum principal par amount of parkway
revenue bonds permitted to be outstanding, from time to time, under
this section, the Authority is specifically authorized by this
section to issue, at one time or from time to time, by resolution
or resolutions under this section, parkway revenue bonds under this
section for the purpose of paying all or any part of the cost of
one or more parkway projects that: (i) Consist of enhancements or
improvements to the West Virginia Turnpike, including, without
limitation, projects involving lane widening, resurfacing, surface
replacement, bridge replacement, bridge improvements and
enhancements, other bridge work, drainage system improvements and
enhancements, drainage system replacements, safety improvements and
enhancements, and traffic flow improvements and enhancements; and
(ii) have been recommended by the Authority's consulting engineers
or traffic engineers, or both, prior to the issuance of the bonds.
Except as otherwise specifically provided in this section, the
issuance of parkway revenue bonds pursuant to this section, the
maturities and other details of the bonds, the rights of the
holders of the bonds, and the rights, duties and obligations of the
Parkways Authority in respect of the bonds shall be governed by the
provisions of this article insofar as the provisions are
applicable.
(b) Notwithstanding any other provision of this code to the
contrary, the Authority may not issue parkway revenue bonds under this section for projects on the West Virginia Turnpike after the
effective date of the amendments to this section enacted in the
regular session of the Legislature in 2006amendment and
reenactment of this section during the regular session of the
Legislature in 2010: Provided, That the authority may issue
revenue refunding bonds pursuant to sections twenty-one and
twenty-two of this article. for parkway revenue bonds previously
issued prior to the effective date of the amendments to this
section enacted during the regular session of the Legislature in
two thousand six§17-16A-13a. Public notice and hearing requirements.(a) Notwithstanding any provision of the law to the contrary,
on and after July 1, 2006,the effective date of the amendment and
reenactment of this section during the regular session of the
Legislature in 2010, unless the Parkways Authority satisfies the
public notice and hearing requirements set forth in this section,
it may not:(1) Fix initial rates, tolls or charges along any portion of
a parkway project, or approve any proposal or contract that would
require the Parkways Authority to fix any initial rates, tolls or
charges along any portion of a parkway project;(1)(2) Increase any rates, tolls or charges along any portion
of the parkwaya parkway project, or approve any proposal or
contract that would result in or require an increase in any rates
or tolls along any portion of the parkwaya parkway project;(2)(3) Issue any refunding bond pursuant to sections
twenty-one and twenty-two of this article which would require the
Parkways Authority to increase rates, tolls or charges;(3)(4) Approve any contract or project which would require or
result in an increase in the rates, tolls or charges along any
portion of the parkwaya parkway project; or,(4)(5) Take any other action which would require or result in
an increase in the rates, tolls or charges along any portion of the
parkwaya parkway project.
(b) The Parkways Authority shall publish notice of any
proposed contract, project or bond which would result in or require
an increase inthe Parkways Authority to fix any initial toll rates
or charges, result in an increase ofany toll rates or charges or
the extension ofextend any bond repayment obligation, along with
the associated initial rate, rate increase or revised bond
repayment period, by a Class II legal advertisement in accordance
with the provisions of article three, chapter fifty-nine of this
code, published and of general circulation in each county which
borders the parkwaythe parkway project or proposed parkway project
affected by the proposed contract, project or bond.
(c) Once notice has been provided in accordance with the
provisions of this section, the Parkways Authority shall conduct a
public hearing in each county which borders the parkwaythe parkway
project or proposed parkway project affected by the proposed
contract, project or bond, and any citizen may communicate by writing to the Parkways Authority his or her opposition to or
approval of such proposal, orinitial rate or toll, rate or toll
increase or amended bond terms. The public notice and written
public comment period shall be conducted not less than forty-five
days from the publication of the notice and the affected public
must be provided with at least twenty days' notice of each
scheduled public hearing.
(d) All studies, records, documents and other materials which
were considered by the Parkways Authority before recommending the
approval of any such project or recommending the adoption of any
such initial rate or increase shall be made available for public
inspection for a period of at least twenty days prior to the
scheduled hearing at a convenient location in each county where a
public hearing shall be held.
(e) At the conclusion of all required public hearings, the
Parkways Authority shall render a final decision which shall
include written findings of fact supporting its final decision on
any proposed project which would result in or require initial
rates, a rate increase, or prior to finally approving any proposed
initial rate or toll or rate or toll increase, and such required
findings and conclusions must reference and give due consideration
to the public comments and additional evidence offered during the
public hearings.
(f) On and after July 1, 2006,the effective date of the
amendment and reenactment of this section during the regular session of the Legislature in 2010, any final action taken by the
Parkways Authority to approve or implement any proposed initial
rate, rate increase, contract or project which would require or
result in a proposed initial rate or toll or a proposed increase of
any rate or tolls along any portion of the parkwaya parkway
project without first satisfying the public notice and hearing
requirements of this section, shall be null and void.
§17-16A-19. Preliminary expenses.The commissioner of the state department of highwaysSecretary
of the Department of Transportation is hereby authorized in his or
her discretion to expend out of any funds available for the purpose
such moneys as may be necessary for the study of any parkway,
economic development or tourism project or projects and to use the
department of highway'sDepartment of Transportation's engineering
and other forces, including consulting engineers and traffic
engineers, for the purpose of effecting such study and to pay for
such additional engineering and traffic and other expert studies as
he may deem expedient; and all such expenses incurred by the state
department of highwaysDepartment of Transportation prior to the
issuance of parkway revenue bonds or revenue refunding bonds under
the provisions of this article shall be paid by the state
department of highwaysDepartment of Transportation and charged to
the appropriate project or projects, and the state department of
highwaysDepartment of Transportation shall keep proper records and
accounts showing each amount so charged. Upon the sale of parkway revenue bonds or revenue refunding bonds for any project or
projects, the funds so expended by the state department of highways
Department of Transportation in connection with such project or
projects shallmay be reimbursed to the state department of
highwaysDepartment of Transportation from the proceeds of such
bonds.

§17-16A-29. Discount program for purchasers of West Virginia EZ
Pass transponders.

(a) The Parkways Authority is hereby authorized to create a
discount program for purchasers of West Virginia EZ Pass
transponders: Provided, That prior to the fixation of any initial
rates, tolls or charges or any increase in any rates, tolls or
charges along any portion of the parkwaya parkway project, the
Parkways Authority shall create a discount program for purchasers
of West Virginia EZ Pass transponders. Any discount program
created pursuant to this section shall provide discounts for each
class of motor vehicles.
(b) The Authority mustshall provide public notice and hold
public hearings on any proposed discount program as required in
section thirteen-a of this article prior to implementation of such
program.
(c) For purposes of this section, a "West Virginia EZ Pass
transponder" means a device sold by the Parkways Authority which
allows the purchaser to attach the device to his or her motor
vehicle and travel through a Parkways toll facility and be billed for such travel by the Authority.

NOTE: The purpose of this bill is to rename the West Virginia
Parkways, Economic Development and Tourism Authority as the West
Virginia Parkways Authority; authorize the Parkways Authority to
sell revenue bonds for new parkways projects; authorize the
Parkways Authority to use bond revenues to construct portions of
certain highway upgrades; clarify that the Parkways Authority may
toll those portions after construction; prohibit further economic
development and tourism projects; and to reorganize the Parkways
Authority membership to add two new public members.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.